Divorce by Mutual Consent

Vijay Patel


Our country is developing day by day and so our beliefs, way and standard of living, thoughts and concepts of all the things and so are our views about relationship and freedom. This research would be specifically dealing with the marriage and freedom from that marriage, i.e., divorce by mutual consent. Divorce, however, is a thorny question. Hindu law, strictly so called, did not allow divorce except in certain communities, in the lower social strata, where it was permitted by custom; and there was deep-rooted sentiment against any provision for divorce in the new legislation which was being. Also, as it has been written in our customs and followed by Hindu’s as their belief that marriage is a sacred vow to be taken and never to be released from that vow until the death of one the spouse. However, different conditions had arisen and fair and equable solutions had to be found in case of matters affecting formation as well as dissolution of marriage. While marriage for life is the most natural form of marriage and best adapted to a civilized society, there can be little justification for legally insisting upon the union as indissoluble, even under circumstances of exceptional hardship or cases of exceptional depravity on the part of one of the spouses. But then, considerable evidence was adduced before the Hindu Law Committee that there were thousands of cases of desertion of women by their husbands and many cases were brought to its notice in which remarriage had been desired and was possible but could not be effected by reason of the existing law against divorce. There are various reasons for a wedded couple in front of the eyes of the law to demand relief from the marriage by filing divorce petition. The reasons may be as small as lack of compatibility or understanding and as large as bigamy, desertion or cruelty. Grounds other than desertion also required serious consideration and the committee made a strong report in favor of the proposed legislation providing for relief by way of divorce in appropriate cases. The recommendations in the report of the Rau Committee on the questions of marriage and divorce were substantially accepted by the Parliament. The major fact about taking divorce through mutual consent is that there is no disagreement between the spouse for the separation and many more pros and cons will be dealt later in this project.

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